Business Name Registration (Kenya)
APPLICATION FOR REGISTRATION OF BUSINESS NAME
Registration of Business Names Act Cap. 499 | Business Registration Service Act No. 15 of 2015
Date of Application: [Declaration Date]
1. PROPOSED BUSINESS NAME
1.1 Proposed Business Name: [Proposed Business Name]
1.2 Type of Business: [Business Type]
1.3 Nature and Principal Activity of Business: [Nature Of Business]
1.4 Date of Commencement of Business: [Commencement Date]
1.5 The applicant confirms that a name search has been conducted on the Business Registration Service (BRS) eCitizen portal and that the proposed name is available for registration.
2. PROPRIETOR / PARTNER DETAILS
2.1 Proprietor / First Partner: [Proprietor Name]
2.2 National Identity Card Number: [Proprietor NIC Number]
2.3 KRA PIN: [Proprietor KRA PIN]
2.4 Nationality: [Proprietor Nationality]
2.5 Residential Address: [Proprietor Address]
2.6 Second Partner (if applicable): [Second Partner Name], NIC No: [Second Partner NIC]
2.7 Each partner confirms they hold a valid KRA PIN and acknowledges their joint and several liability for all business debts and obligations of the registered business under the Registration of Business Names Act Cap. 499.
3. BUSINESS ADDRESS
3.1 Principal Place of Business: [Principal Place Of Business]
3.2 Postal Address: [Postal Address]
3.3 Phone: [Phone Number]
3.4 Email: [Email Address]
4. REGULATORY COMPLIANCE NOTE
4.1 After registration, the proprietor(s) must: (a) obtain a business KRA PIN on the iTax platform (itax.kra.go.ke) and register for income tax under the Income Tax Act (Cap. 470); (b) register for VAT under the Value Added Tax Act No. 35 of 2013 if annual taxable turnover exceeds KES 5,000,000; (c) apply for a county single business permit from the relevant county government (e.g. Nairobi City County) under the County Government Act No. 17 of 2012; and (d) renew this business name registration annually with the Business Registration Service (BRS) via eCitizen.
4.2 Where the business engages employees, the proprietor must register as an employer with the Kenya Revenue Authority (KRA) for PAYE, with the National Social Security Fund (NSSF) under the NSSF Act No. 45 of 2013, with the Social Health Insurance Fund (SHIF) under the Social Health Insurance Act No. 16 of 2024, and remit the Housing Levy under the Affordable Housing Act.
5. DECLARATION
I / We, the undersigned, declare that the information provided in this application is true and correct to the best of my/our knowledge and belief. I/We understand that providing false information in connection with this registration application is an offence under Section 20 of the Registration of Business Names Act Cap. 499 and the Penal Code.
Signed on [Declaration Date].
Proprietor / First Partner
________________
Signature
Second Partner (if applicable)
________________
Signature
Witness
________________
Signature
What Is a Business Name Registration (Kenya)?
A Business Name Registration in Kenya submits the applicant's details to the relevant authority for the approval it seeks.
Section 6 of the Registration of Business Names Act (Cap. 499) requires every person carrying on business in Kenya under a business name that is not their own full legal name to register that business name within 1 month of commencing business. Failure to register is an offence under Section 20 of the Act and renders the proprietor liable to a fine. Additionally, under Section 16 of the Act, a court may refuse to enforce a contract in favour of an unregistered business, creating a significant legal disability for unregistered sole traders.
The Business Registration Service (BRS) processes business name registrations via the eCitizen platform (ecitizen.go.ke). The registration fee is KES 950 for a business name (as at 2025/2026), and processing typically takes 1 to 3 working days. The BRS issues a Certificate of Registration of Business Name upon successful registration. The registered business name, proprietor details, nature of business, and principal place of business are entered into the public register maintained by BRS.
A business name registration creates a sole proprietorship — a self-employed individual trading under a registered name. A sole proprietorship has no separate legal personality from its owner: the proprietor bears unlimited personal liability for all business debts and obligations. This distinguishes a sole proprietorship from a private limited company (Ltd) incorporated under the Companies Act No. 17 of 2015, which is a separate legal person with limited liability. The Kenya Revenue Authority (KRA) requires every registered business name to obtain a KRA PIN for tax filing, and the KRA administers PAYE, VAT, and income tax obligations of the sole proprietor under the Income Tax Act (Cap. 470).
A business name registration also differs from a partnership registered under the Registration of Business Names Act — a partnership involves two or more individuals carrying on business together under a firm name, and each partner bears joint and several unlimited liability for partnership debts. Large partnerships or professional firms (such as law firms and accounting firms) are increasingly structured as Limited Liability Partnerships (LLPs) under the Limited Liability Partnership Act No. 6 of 2012, which provides each partner with limited liability protection. The Competition Authority of Kenya (CAK) may need to be notified if a registered business acquires significant market share in regulated sectors.
The legal framework governing the Business Name Registration (Kenya) in Kenya draws on several key statutes and regulatory bodies. Under the Companies Act No. 17 of 2015, the Registrar of Companies at the Office of the Attorney General maintains the register of Kenyan companies. Section 3 of the Law of Contract Act (Cap. 23) governs contractual obligations. The Competition Authority of Kenya (CAK) enforces the Competition Act No. 12 of 2010. The Kenya Revenue Authority (KRA) administers corporate tax under the Income Tax Act (Cap. 470). The High Court of Kenya has unlimited original jurisdiction under Article 165 of the Constitution of Kenya 2010. Parties executing a Business Name Registration (Kenya) in Kenya should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Registration of Business Names Act Cap. 499 sets the foundational requirements.
When Do You Need a Business Name Registration (Kenya)?
A Kenya Business Name Registration is required or strongly recommended in several circumstances.
A Business Name Registration is required when a sole trader or partnership begins operating in Kenya under any name other than the individual proprietor's full legal name. Section 6 of the Registration of Business Names Act (Cap. 499) imposes this obligation within 1 month of commencement. Trading under an unregistered name is a criminal offence and can prevent enforcement of business contracts in Kenyan courts.
A Business Name Registration is needed when a sole proprietor wishes to open a business bank account at a Kenyan commercial bank — such as Kenya Commercial Bank (KCB), Equity Bank, Cooperative Bank of Kenya, or NCBA Bank. Banks require a valid BRS Certificate of Registration of Business Name before opening a business account in the trading name, as part of their Know Your Customer (KYC) obligations under the Proceeds of Crime and Anti-Money Laundering Act No. 9 of 2009 (POCAMLA).
A Business Name Registration is required when a sole proprietor applies for a trade licence from the county government under the County Government Act No. 17 of 2012. County governments — including Nairobi City County, Mombasa County, and Kisumu County — require a BRS Certificate of Registration before issuing a single business permit.
A Business Name Registration is needed when a sole trader or partnership wishes to register with the Kenya Revenue Authority (KRA) for a business KRA PIN on the iTax platform, which is required for filing income tax returns, VAT returns, and withholding tax returns.
A Business Name Registration is required when a partnership is formed between two or more individuals carrying on business under a firm name — Section 6 of the Registration of Business Names Act Cap. 499 covers partnerships as well as sole proprietors. Before registering the firm name, the partners should execute a Partnership Agreement that governs their internal rights and obligations.
A Business Name Registration is needed when a foreign national or expatriate with a valid work permit from the Department of Immigration Services wishes to conduct business in Kenya as a sole proprietor, as the registration provides documentation of the business's legal status for purposes of the Kenya Citizens and Foreign Nationals Management Service Act.
What to Include in Your Business Name Registration (Kenya)
A Kenya Business Name Registration application and the supporting documentation required by the Business Registration Service (BRS) under the Registration of Business Names Act (Cap. 499) must include the following essential elements.
Proposed Business Name: The trading name the applicant wishes to register, which must be distinctive, not identical or confusingly similar to an existing registered business name or company name on the BRS register, and not contrary to public policy. The BRS conducts a name search on the eCitizen portal before approving registration. Prohibited names include names that imply government affiliation without authorisation and names that could mislead the public.
Proprietor / Partner Details: For a sole proprietorship — the full legal name, National Identity Card (NIC) number, KRA PIN, nationality, residential address, and contact details of the individual owner. For a partnership — the same details for each partner. Foreign nationals must provide their passport number and Alien Card details.
Nature of Business: A clear description of the principal business activity — for example, retail trade, construction, professional services, or agricultural supplies. The nature of business determines the applicable county government single business permit category and the KRA tax obligations.
Principal Place of Business: The physical address of the main business premises in Kenya, including the building name or number, street, ward, sub-county, and county. A P.O. Box alone is not sufficient — a physical address is required by the BRS.
Date of Commencement: The date on which the business started or will start operating. Section 6 of the Registration of Business Names Act (Cap. 499) requires registration within 1 month of commencement — backdated commencement dates may result in a penalty for late registration.
KRA PIN: The proprietor's individual KRA PIN is required as part of the eCitizen registration process. After the business name is registered, the proprietor must also apply for a separate business KRA PIN on the iTax platform to file business tax returns.
Registration Fee: The prescribed BRS registration fee of KES 950 (2025/2026 rate), payable through the eCitizen portal via M-Pesa, bank card, or other approved payment methods.
BRS Certificate: Upon successful registration, the BRS issues a Certificate of Registration of Business Name. The certificate states the registered name, registration number, proprietor details, and principal place of business. The certificate should be kept safe — it is required for opening a bank account, applying for a county single business permit, and KRA registration.
Annual Renewal: Business name registrations in Kenya require annual renewal with the BRS on the eCitizen portal. Failure to renew results in the registration lapsing and the business losing its legal right to use the registered name. The forms-legal.com Business Name Registration template assists proprietors in compiling and organising all required information before submitting the application on eCitizen. Proprietors intending to operate a partnership should also execute a Partnership Agreement to govern the internal relationship between the partners in addition to registering the firm name with BRS.
Additional compliance elements for a Business Name Registration (Kenya) used in Kenya include: Under the Companies Act No. 17 of 2015, the Registrar of Companies at the Office of the Attorney General maintains the register of Kenyan companies. Section 3 of the Law of Contract Act (Cap. 23) governs contractual obligations. The Competition Authority of Kenya (CAK) enforces the Competition Act No. 12 of 2010. The Kenya Revenue Authority (KRA) administers corporate tax under the Income Tax Act (Cap. 470). The High Court of Kenya has unlimited original jurisdiction under Article 165 of the Constitution of Kenya 2010. Forms-legal.com provides this template as a starting point for Kenya-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Business Name Registration (Kenya) (Kenya) [Legal document template]. Forms Legal. https://forms-legal.com/kenya/business/corporate/business-name-registration-kenya
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title = {Business Name Registration (Kenya) (Kenya)},
year = {2026},
howpublished = {\url{https://forms-legal.com/kenya/business/corporate/business-name-registration-kenya}},
note = {Free legal document template}
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Frequently Asked Questions
Business name registration in Kenya is conducted through the eCitizen portal (ecitizen.go.ke) operated by the Business Registration Service (BRS) under the Business Registration Service Act No. 15 of 2015. The process involves: (1) creating an eCitizen account using your National Identity Card (NIC) number and KRA PIN; (2) conducting a name search to confirm the proposed business name is available and not similar to an existing registered name; (3) completing the online application form with the business name, nature of business, principal place of business, and proprietor details; (4) uploading a copy of your NIC (or passport for foreign nationals); (5) paying the registration fee of KES 950 via M-Pesa, bank card, or other eCitizen payment method; and (6) downloading the Certificate of Registration of Business Name after approval, which typically takes 1 to 3 working days. The certificate is available digitally via eCitizen and serves as proof of registration for bank account opening and county single business permit applications.
A business name registration under the Registration of Business Names Act (Cap. 499) creates a sole proprietorship or partnership — a trading identity without separate legal personality. The proprietor and the business are legally the same person: the proprietor bears unlimited personal liability for all business debts, and creditors can pursue the proprietor's personal assets (home, savings, personal property) to satisfy business obligations. By contrast, a private limited company (Ltd) incorporated under the Companies Act No. 17 of 2015 via the Business Registration Service (BRS) is a separate legal person — shareholders' liability is limited to the amount unpaid on their shares (typically zero for fully paid shares). A private limited company can own property, enter contracts, and sue and be sued in its own name. The registration fee for a private limited company (KES 10,650) is higher than a business name (KES 950), and companies have ongoing compliance obligations — annual returns with BRS, audited accounts for larger companies, and beneficial ownership disclosures. Most sole traders and small partnerships begin with a business name registration and convert to a limited company as the business grows.
Yes. A sole proprietor operating under a registered business name in Kenya is required to file income tax returns with the Kenya Revenue Authority (KRA) under the Income Tax Act (Cap. 470). The sole proprietor must hold a KRA PIN and file their annual income tax return (Form IT1S for small businesses or self-employed individuals) by 30 June each year on the iTax platform. Business income is taxed at the individual progressive PAYE rates (10% to 35%) or under the simplified Turnover Tax regime at 1% of gross turnover for businesses with annual turnover between KES 1 million and KES 25 million. If annual taxable turnover exceeds KES 5 million, the business must register for VAT under the Value Added Tax Act No. 35 of 2013 and file monthly VAT returns. The proprietor must also pay the monthly business single permit levy to the county government. KRA enforcement officers conduct compliance audits through the iTax system and may impose penalties and interest on late or unpaid taxes under the Tax Procedures Act No. 29 of 2015.
Yes. Foreign nationals may register a business name in Kenya under the Registration of Business Names Act (Cap. 499), subject to holding a valid work permit or pass issued by the Department of Immigration Services under the Kenya Citizens and Foreign Nationals Management Service Act. The eCitizen application requires the foreign national's passport number, Alien Card (ARC) number, and passport-certified residential address in Kenya. Foreign nationals cannot hold freehold land in Kenya under the Constitution of Kenya 2010 — they may only hold leasehold interests — but this restriction does not prevent registration of a business name. A foreign-owned sole proprietorship is subject to the same tax obligations as a Kenyan-owned business: KRA PIN registration, income tax filing under the Income Tax Act (Cap. 470), and VAT registration if the turnover threshold of KES 5 million is exceeded. Foreign nationals operating businesses in Kenya should also check whether their sector requires additional licensing — for example, telecommunications (Communications Authority of Kenya), financial services (CBK), or healthcare (Ministry of Health).
Operating under an unregistered business name in Kenya has several serious consequences. Section 20 of the Registration of Business Names Act (Cap. 499) makes it a criminal offence to carry on business under an unregistered name — the proprietor is liable to a daily fine for each day the business operates without registration. Section 16 of the same Act provides that a Kenyan court may refuse to enforce a contract brought by an unregistered business — meaning the proprietor cannot sue customers or suppliers for payment of debts incurred in the business name. An unregistered business cannot open a business bank account (banks require a BRS Certificate under POCAMLA KYC requirements), cannot obtain a county single business permit, and cannot register with KRA as a business entity. Additionally, an unregistered proprietor trading under a name similar to a registered business may face an injunction from the High Court of Kenya at the suit of the registered proprietor under the tort of passing off. Registration at KES 950 on eCitizen takes 1 to 3 days — the risk of non-registration far outweighs the cost of compliance.
Changes to a registered business name or the details on the registration certificate — such as a change of principal place of business, nature of business, or proprietor details — must be notified to the Business Registration Service (BRS) within 1 month of the change occurring, under Section 9 of the Registration of Business Names Act (Cap. 499). The amendment is processed through the eCitizen portal. A change of business name (adopting a new trading name) requires a new name search, a new application, and payment of the applicable BRS fee. A change of ownership — for example, when a sole proprietor admits a new partner — may require registration of a new partnership business name or execution of a Partnership Agreement. Failure to notify BRS of material changes within the required period is an offence under Section 20 of the Registration of Business Names Act. The BRS public register is updated following each approved change, and an amended Certificate of Registration of Business Name is issued. All changes should be reflected in the business's bank account records, county permits, and KRA iTax registration within 30 days to maintain consistent legal documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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